Controversy (law)
Encyclopedia
In jurisprudence
, a controversy differs from a case
; while the latter includes all suits, criminal
as well as civil, a controversy is a purely civil proceeding.
For example, the Case or Controversy Clause of Article Three of the United States Constitution
(Section 2, Clause 1) states that "the judicial Power shall extend ... to Controversies to which the United States shall be a Party". This clause has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy—that is, an actual dispute between adverse parties which is capable of being resolved by the court
. In addition to setting out the scope of the jurisdiction of the federal judiciary, it also prohibits courts from issuing advisory opinion
s, or from hearing cases that are either unripe
, meaning that the controversy has not arisen yet, or moot
, meaning that the controversy has already been resolved.
Amount in controversy
is a term in United States civil procedure
to denote a requirement that persons seeking to bring a lawsuit
in a particular court must be suing for a certain minimum amount before that court may hear the case.
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, a controversy differs from a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
; while the latter includes all suits, criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
as well as civil, a controversy is a purely civil proceeding.
For example, the Case or Controversy Clause of Article Three of the United States Constitution
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
(Section 2, Clause 1) states that "the judicial Power shall extend ... to Controversies to which the United States shall be a Party". This clause has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy—that is, an actual dispute between adverse parties which is capable of being resolved by the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. In addition to setting out the scope of the jurisdiction of the federal judiciary, it also prohibits courts from issuing advisory opinion
Advisory opinion
An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important...
s, or from hearing cases that are either unripe
Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a law of ambiguous quality has been enacted but never...
, meaning that the controversy has not arisen yet, or moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
, meaning that the controversy has already been resolved.
Amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
is a term in United States civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
to denote a requirement that persons seeking to bring a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in a particular court must be suing for a certain minimum amount before that court may hear the case.